In 2017, then-teenage baseball prospect Fernando Tatis Jr. signed a contract with Big League Advance (“BLA”). BLA is a company that provides upfront cash to minor league baseball players in exchange for a percentage of their...more
11/4/2025
/ Arbitration ,
Arbitration Awards ,
Athletes ,
Contract Disputes ,
Diminished Capacity ,
Duress ,
Fraud ,
Loan Agreements ,
Misrepresentation ,
Public Policy ,
Sports ,
Unconscionable Contracts ,
Void Contracts
Is it too dangerous to host the 2026 FIFA World Cup in certain U.S. cities? President Donald Trump has threatened to move World Cup matches from what he deemed to be dangerous cities, including Seattle and San Francisco. Does...more
In appellate litigation, the written brief does most of the heavy lifting. It aims to convince the court that an error has occurred. But it is a cold document and cannot anticipate or respond to all of the panel’s questions....more
10/20/2025
/ Appeals ,
Appellate Briefs ,
Appellate Courts ,
Best Practices ,
Client Services ,
Judges ,
Judicial Proceedings ,
Legal Project Management ,
Litigation Strategies ,
Oral Argument ,
Professional Development ,
Rules of Appellate Procedure
You may have seen the headlines over the summer that lululemon sued Costco for trademark infringement because Costco has been selling clothing that bears a striking resemblance to lululemon clothing. Your first thought might...more
9/29/2025
/ Consumer Confusion ,
Costco ,
Design Patent ,
Dilution ,
False Advertising ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Knockoffs ,
Lanham Act ,
Lululemon ,
Retail Market ,
Trade Dress ,
Trademark Enforcement ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
No one wants to be a “snitch” – snitches get stiches, right? But protecting wrongdoers with silence can cause serious harm. That’s why consumer advocate Ralph Nader popularized the term “whistleblower” in the 1970s, to cast a...more
If you have recently obtained a new position in the C-Suite, you are aware that the new position brings prestige, authority, and opportunity. But you may not be aware that as an officer of a company, you have also increased...more
7/14/2025
/ C-Suite Executives ,
Compensation ,
Compliance ,
Contract Terms ,
Corporate Governance ,
Corporate Officers ,
D&O Insurance ,
Employment Contract ,
Executive Compensation ,
Indemnification ,
Liability ,
Reporting Requirements ,
Risk Management ,
Severance Agreements ,
Termination
In civil litigation, the trial court’s judgment is often not the last word. If you lose at that the trial court, you may still have a chance to prevail if you can convince the appellate court that the trial court judge...more
Cross-border legal disputes are a fixture of our global economy. As a result, companies headquartered outside of the United States often find themselves involved in U.S.-based litigation or arbitration. This experience is...more
6/9/2025
/ Arbitrators ,
Attorney's Fees ,
Client Services ,
Commercial Arbitration ,
Commercial Litigation ,
Damages ,
Discovery ,
Dispute Resolution ,
International Arbitration ,
Jury Trial ,
Litigation Strategies
In arbitration, unlike in court, the parties are tasked with choosing their own arbitrator or panel of arbitrators. Each side wants to pick the arbitrator or panel that will see the case in the best light. They want someone...more
No matter what type of business you are in, trademark and copyright law can have significant effects on success and growth of your business. Both of these areas of law provide important rights over the intellectual property...more
5/12/2025
/ Arbitration ,
Attorney's Fees ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery ,
Dispute Resolution ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Settlement Negotiations ,
The Copyright Act ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Arbitration is often viewed as a faster, more cost-effective alternative to litigation, but is it the right choice for every dispute? Should you include an arbitration clause in every contract?
While it can offer...more
Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more
4/28/2025
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Commercial Litigation ,
Confidential Information ,
Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Dispute Resolution ,
International Arbitration ,
Jurisdiction ,
Litigation Strategies
The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar...more
6/7/2024
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Digital Media ,
Entertainment Industry ,
Inherently Distinctive ,
Intellectual Property Protection ,
Legislative Agendas ,
Proposed Regulation ,
Sound Recording Copyrights ,
State Law Tort Claims
Combs Wines and Spirits LLC, a company owned by Sean “Diddy” Combs, has a long-standing business relationship with Diageo North America Inc. by which Diageo distributes Ciroc Vodka and DeLeon Tequila.
In May, Combs filed a...more
1/24/2024
/ Arbitration ,
Arbitration Agreements ,
Brand ,
Breach of Contract ,
Carve Out Provisions ,
Dispute Resolution ,
Distributors ,
Diversity and Inclusion Standards (D&I) ,
Equal Opportunities ,
Joint Venture ,
Motion to Compel ,
NY Supreme Court ,
Race Discrimination ,
Wine & Alcohol
According to the National Council of Nonprofits, there more than 1.4 million 501(c)(3) charitable nonprofits in the United States alone. This nonprofit sector is a vital part of our national and local infrastructure,...more
Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than...more